If the fence is designate on the plan as a thick black line then it is common property, according to the “Who’s Responsible?” document (Note 16 – see below) and should be dealt with at the Owners’ Corp’s cost.
However, the decision can only be made by a majority at an committee meeting and they should be at least offered a couple of options and quotes on cost.
By the way, going back to the original problem, owners have a responsibility to maintain anything on their lot that can be seen from outside. Rather than moving the fence, the original OC should have sent owners a letter demanding they tidy up their planters or paid someone to do it and charged them for it.
Who’s responsible – Note 16
If [fences] are shown as a thick line on the strata plan then they are deemed a common wall and the responsibility of the owners corporation.
However, if they are shown as a thin, dotted or no line on the strata plan then they are treated in accordance with the Dividing Fences Act and are treated as follows:
1. Divides two lots. Each owner is responsible 50/50
2. Divides one lot from common property. The owner is responsible 50% & the owners corporation is responsible 50%
3. Divides one lot from the adjoining property. The owners corporation are responsible for 100% of its share.